Presenter:
John Herron

I.
DISCUSSION: Parks
and Wildlife Code, Chapter
88, requires the department
to adopt regulations to
administer the provisions
of the chapter, including
regulations to provide
for identifying endangered,
threatened, or protected
plants and publication
and distribution of lists
of endangered, threatened,
or protected plants. Staff
received authorization
from the Regulations Committee
to publish proposed regulations
in the Texas Register
for public comment. The
regulations appeared in
the December 1, 2000 issue
of the Texas Register
(25 TexReg 11900). Staff
has received no public
comment concerning the
proposed regulations;
however, any public comment
received by the time of
the meeting will be summarized
and available at the time
of the meeting.

II.
RECOMMENDATION: Staff
recommends that the Texas
Parks and Wildlife Commission
adopt the following motion:

"The Texas Parks
and Wildlife Commission
adopts an amendment to §69.8,
concerning Endangered,
Threatened, and Protected
Native Plants, with changes
to the proposed text as
published in the December
1, 2000 issue of the Texas
Register (25 TexReg 11900)."

Endangered,
Threatened, and Protected
Native Plants
Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife
Department proposes the
amendment of §69.8,
concerning Threatened and
Endangered Plants. The amendment:
adds the Zapata bladderpod
to the list of endangered
plants and deletes the Lloyd's
hedgehog cactus from the
same list, and adds the
Pecos sunflower to the list
of threatened plants while
deleting the McKittrick
pennyroyal from that list.
The amendment is necessary
to comply with the provisions
of Parks and Wildlife Code,
Chapter 88, which requires
the department adopt regulations
to administer the provisions
of that chapter, including
publication and distribution
of lists of threatened,
endangered, or protected
plants. The amendment would
function by affording statutory
protection to the Zapata
bladderpod and by removing
the Lloyd's hedgehog cactus
from the list of endangered
plants.

2. Fiscal Note.

Robert Macdonald, regulations
coordinator, has determined
that for each of the first
five years that the amendment
as proposed is in effect,
there will be no fiscal
implications to state or
local governments as a result
of enforcing or administering
the amendment.

3. Public Benefit - Cost
Note.

Mr. Macdonald also has
determined that for each
of the first five years
the amendment as proposed
is in effect:

(A) The public benefit
anticipated as a result
of enforcing the rule as
proposed will be the protection
of the state's botanical
resources.

(B) There will be no effect
on small businesses, microbusinesses,
or persons required to comply
with the rule as proposed.

(C) The department has
not filed a local impact
statement with the Texas
Employment Commission as
required by Government Code, §2001.022,
as this agency has determined
that the rule as proposed
will not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed amendment.

4. Request for Public Comments.

Comments on the proposed
rule may be submitted to
John Herron, Texas Parks
and Wildlife Department,
4200 Smith School Road,
Austin, Texas 78744; (512)
389-4771 or 1-800-792-1112.

5. Statutory Authority.

The amendment is proposed
under Parks and Wildlife
Code, Chapter 88, which
requires the commission
to adopt regulations to
administer the provisions
of Chapter 88.

The amendment affects Parks
and Wildlife Code, Chapter
88.

§69.8. Endangered
and threatened plants.

(a) The following plants
are endangered:

Cacti

Tobusch fishhook
cactus

Ancistrocactus
tobuschii

star cactus

Astrophytum
asterias

Nellie cory cactus

Coryphantha
minima

Sneed pincushion
cactus

Coryphantha
sneedii var. sneedii

[Lloyd’s
hedgehog cactus

Echinocereus
lloydii]

black lace cactus

Echinocereus
reichenbachii var. albertii

Davis’ green
pitaya

Echinocereus
viridiflorus var. davisii

Trees, Shrubs,
and Subshrubs

Johnston’s
frankenia

Frankenia johnstonii

Walker’s manioc

Manihot walkerae

Texas snowbells

Styrax texanus

Wildflowers

large-fruited sand
verbena

Abronia macrocarpa

South Texas ambrosia

Ambrosia cheiranthifolia

Texas ayenia

Ayenia limitaris

Texas poppy mallow

Callirhoe scabriuscula

Terlingua Creek
cat’s-eye

Cryptantha crassipes

slender rush-pea

Hoffmannseggia
tenella

Texas prairie dawn

Hymenoxys texana

white bladderpod

Lesquerella
pallida

Texas trailing phlox

Phlox nivalis ssp. texensis

ashy dogweed

Thymophylla
tephroleuca

Zapata Bladderpod

Lesquerella
thamnophila

Orchids

Navasota ladies’-tresses

Spiranthes parksii

Grasses and Grass-like
Plants

Little Aguja pondweed

Potamogeton
clystocarpus

Texas wild-rice

Zizania texana

(b) The following plants
are threatened:

Cacti

Bunched cory cactus

Coryphantha
ramillosa

Chisos Mountains
hedgehog cactus

Echinocereus
chisoensis var. chisoensis

Lloyd’s mariposa
cactus

Neolloydia mariposensis

Trees, Shrubs,
and Subshrubs

Hinckley’s
oak

Quercus hinckleyi

Wildflowers

[McKittrick pennyroyal

Hedeoma apiculatum]

Pecos Sunflower

Helianthus
paradoxus

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.